Under the R-Codes, a pergola is defined as “an open-framed structure covered in water permeable material, or operable louvred roofing, which may or may not be attached to a dwelling.”
Under the Building Regulations 2012, pergolas less than 20m² and no higher than 3m, set back 1m from any boundary, are exempt from needing a building permit. However, the owner is still required to ensure the framing meets minimum standards and is structurally sound.
Under the R-Codes, a patio is defined as “an unenclosed structure covered in water impermeable material which may or may not be attached to a dwelling.”
Under the R-Codes, a carport is defined as “a roofed structure designed to accommodate one or more motor vehicles unenclosed except to the extent that it abuts a dwelling or property boundary on one side, and being without a door unless that door is visually permeable.”
Do you need Planning Approval?
Planning Approval ensures that the development of a property within the Shire complies with the Local Planning Scheme, Residential Design Codes and other relevant legislation and policies.
- Before proceeding, it is recommended you contact the Shire’s Planning Team to check if you require Planning Approval
- Planning Approval may be required even if a Building Permit is not required
- If the proposed structure requires Planning Approval, you must obtain this prior to lodging an application for a Building Permit.
How to apply
Refer to Apply for Planning Approval
Do you need a Building Permit?
A Building Permit ensures that the proposed building work complies with the Building Codes of Australia and other relevant standards and legislation.
Under the Building Regulations 2012, a Building Permit is not required for a pergola, patio, gazebo or carport that is freestanding and has a floor area not exceeding 10m² (a pergola can be up to 20m2) and a height less than 2.4m. You will require a Building Permit if the structure or outbuilding exceeds this floor area or height.
The types of building work that do not require a Building Permit, is outlined in Schedule 4, item 2 of the Building Regulations 2012 (see page 105).
How to apply
Refer to Building Permit Application
More information and contact
For more information refer to pages 19, 23, 53 and 54 of the Residential Design Codes (R-Codes) or contact:
- Building Services Team for questions related to Building Permits
- Planning Services Team for questions related to Planning Approval